TERMS OF USE FOR THIS WEBSITE

The website displayed at www.clinkdifferent.com (this “Site”) is operated by The Conseil Interprofessionnel du Vin de Bordeaux (“CIVB”) and The German Wine Institute (“DWI”). Your use of and access to this Site is conditional upon your acceptance of these Terms of Use including our Privacy Policy. We reserve the right, in our sole discretion, to modify or update these Terms of Use from time to time with immediate effect. It is your responsibility to review these Terms of Use periodically for updates. AFTER READING THIS PAGE, IF FOR ANY REASON YOU DO NOT AGREE WITH OR CANNOT ABIDE BY THESE TERMS OF USE OR OUR PRIVACY POLICY, PLEASE EXIT THIS SITE IMMEDIATELY. OTHERWISE BY ACCESSING AND USING THIS SITE, YOU ARE AGREEING TO THESE TERMS OF USE AND OUR PRIVACY POLICY.

Permitted Users of this Site:

This Site is intended to be used and accessed by people who are of legal age to purchase and consume alcohol. If you are of legal age in your country of residence and the country from which you are accessing this Site, please continue. If you are not, please exit this Site immediately.

Rights to Contents and Intellectual Property

The copyrights to all materials, content and layout of this Site (including text, user and visual interfaces, images, look and feel, design, sound, etc. and any underlying software and computer codes) are proprietary to CIVB and DWI, their parents, affiliates, subsidiaries, or third party licensors. You may not copy, reproduce, post on any other website, republish, upload, encode, modify, translate, publicly perform or display, commercially exploit, distribute or transmit any portion of this Site or make any derivative works from this Site in any way without CIVB’s and DWI’s express prior written consent. Any name, logo, trademark, service mark, patent, design, copyright or other intellectual property appearing on this Site is owned or licensed by CIVB and DWI or their parents, affiliates or subsidiaries and may not be used by you without the prior written consent of CIVB and DWI or the appropriate owner. Your use of this Site does not grant you any right, title, interest or license to any such intellectual property appearing on the Site. Any unauthorized use of the content of this Site may subject you to civil or criminal penalties.

Use of this Site

CIVB and DWI maintain this Site for your personal entertainment, information and education. You should feel free to browse the Site and may download material displayed on the Site for non-commercial, lawful, personal use only provided all copyright and other proprietary notices contained on the materials are retained and such information is not modified, copied or posted on any networked computer or broadcast in any media. All other copying (whether in electronic, hard copy or other format) is prohibited and may breach intellectual property laws and other laws worldwide. All commercial use of all or part of this Site is prohibited except with CIVB’s an DWI’s express prior written consent. All rights not expressly granted here are reserved to CIVB and DWI.You may not use any computer program tools including, but not limited to, web spiders, bots, indexers, robots, crawlers, harvesters, or any other automatic device, program, algorithm or methodology, or any similar or equivalent manual process (“Tools”) to access, acquire, copy or monitor any portion of the Site or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any content, to obtain or attempt to obtain materials, documents or information through any means not purposely made available through the Site. Tools that use the Site shall be considered agents of the individual(s) who control or author them.

No Warranties

CIVB AND DWI DO NOT PROMISE THAT THIS SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ACCURACY .CIVB and DWI also assume no responsibility, and shall not be liable for any such damages caused by viruses or other forms of contamination or destructive features that may effect your computer equipment, software, data or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, text, images, video or audio from the Site or any linked sites.

Limitation of Liability

In no event shall CIVB and DWI, their parents, affiliates, subsidiaries and services providers, or the officers, directors, employees, shareholders, or agents of each of them, be liable for any damages of any kind, including without limitation any direct, special, incidental, indirect, exemplary, punitive or consequential damages, including lost profits, whether or not advised of the possibility of such damages, and on theory of liability whatsoever, arising out of or in connection with the use or performance of, or your browsing in, or your links to other sites from, this Site. You acknowledge by your use of the Site, that your use of the Site is at your sole risk. Certain laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages; if these laws apply to you, some or all of the above disclaimers may not apply, and you might have additional rights.

Indemnification

You agree to defend, indemnify and hold CIVB and DWI harmless from and against any and all claims, damages, costs and expenses, including reasonable attorneys’ fees, arising from or related to your use of the Site.

On-Line Stores; Promotions

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including but not limited to contests, sweepstakes, invitations, or other similar features (each an “Application”), all of which additional terms and conditions are made a part of these Terms of Use by this reference. You agree to abide by such Application terms and conditions. If there is a conflict between these Terms of Use and the terms of the Application, the terms of the Application will control as relating to the Application. Communications with this Site You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate the law. CIVB and DWI will fully cooperate, including but not limited to, maintaining and disclosing any transmittals or communications that you have had with the Site, disclosing your identity or helping to identify you, with any applicable law or regulation, law enforcement authorities, court order or governmental authority. Any communication or material you transmit to the Site by e-mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non confidential and non-proprietary. CIVB and DWI cannot prevent the “harvesting” of information from this Site, and you may be contacted by CIVB, DWI or unrelated third parties, by e-mail or otherwise, within or outside of this Site. Anything you transmit may be edited by or on behalf of CIVB and DWI, may or may not be posted to this Site at the sole discretion of CIVB and DWI and may be used by CIVB, DWI or their affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, CIVB and DWI are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information. If you transmit any ideas, concepts, materials or other communications to this Site, you accept that it will not be treated as confidential and may be used by CIVB and DWI without compensation in any manner whatsoever, including without limitation reproduction, transmission, publication, marketing, product development, etc. Although CIVB and DWI may from time to time monitor or review discussion, chats, postings, transmissions, bulletin boards, and the like on the Site, CIVB and DWI are under no obligation to do so and assume no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Site. CIVB and DWI assume no responsibility or liability for any actions or communications by you or any unrelated third party within or outside of this Site.

Termination

At their sole discretion, CIVB and DWI may modify or discontinue the Site, or may modify or terminate your account or your access to this Site, for any reason, with or without notice to you and without liability to you or any third party.

Unaffiliated Products and Sites

Descriptions of, or references to, products, publications or sites not owned by CIVB and DWI or their affiliates do not imply endorsement of that product, publication or site. CIVB and DWI have not reviewed all material linked to the Site and are not responsible for the content of any such material. Your linking to any other sites is at your own risk.

Linking Policy

This Site may provide, as a convenience to you, links to sites owned or operated by parties other than CIVB and DWI. Each linked to website has its own terms and conditions of use, as described in that site’s legal notice/terms of use. Those terms and conditions may be different than these Terms of Use, and we urge you to read each website’s legal notice/terms of use carefully before you use that site. CIVB and DWI do not control, and are not responsible for the availability, content or security of these external sites, nor your experience interacting or using these external sites. CIVB and DWI do not endorse the content, or any products or services available, on such sites. If you link to such sites you do so at your own risk.

Governing Law; Void Where Prohibited

This Site shall be governed by, and your browsing in and use of the Site shall be deemed acceptance of and consent to, the laws of USA, without regard to principles of conflict of laws. Notwithstanding the foregoing, this Site may be viewed internationally and may contain references to products or services not available in all countries. References to a particular product or services do not imply that they are appropriate or available to all persons of legal purchasing age in all locations, or that CIVB and DWI intend to make such products or services available in such countries. Any offer for any product, feature, service or Application made on this Site is void where prohibited. Your information will be transferred to CIVB and DWI, which location may be outside of your own country, and by providing us with your information, you are consenting to such transfer. Although we will use all reasonable efforts to safeguard the confidentiality of any personal information collected, we will not be liable for disclosure of personal information obtained due to errors in transmission or the unauthorized acts of third parties. These Terms of Use are effective as of [November 1, 2011]

RESPONSIBILITY STATEMENT

The Conseil Interprofessionnel du Vin de Bordeaux (CIVB) and the German Wine Institute (

“DWI”) take pride in responsible marketing and corporate citizenship. We adhere to the strict policies that we have in place around the world, and we take them seriously. If you see an advertisement featuring one of our brands that violates the spirit of our Code of Marketing Practice, which you want to comment – we want to hear from you

CODE OF MARKETING PRACTICES: RESPONSIBLE PLACEMENT ADULT AUDIENCES/UNDERAGE PERSONS

Beverage alcohol advertising and marketing materials are intended for adults of legal purchase age who choose to drink. Beverage alcohol products should not be advertised or marketed in any manner directed or primarily appealing to persons below the legal purchase age. (The definition of “primarily appeal” is set forth under the Responsible Content provisions.) Beverage alcohol advertising and marketing should be placed in broadcast, cable, radio, and print communications only where at least 70 percent of the audience is reasonably expected to be above the legal purchase age (determined by using reliable, up-to-date audience composition data). To facilitate these placement commitments, recognized electronic and print composition data should be reviewed on a regular basis (at least annually) in order to ensure that the audience composition data are current and appropriate. Internal, periodic after-the-fact audits of past placements should be undertaken to verify that past advertising placements were in compliance with this Code and to take appropriate, corrective action for future placements. Appropriate measures and best efforts should be taken so that beverage alcohol advertising and marketing are not specifically aimed at events unless at least 70 percent of the audience is reasonably expected to be above the legal purchase age. Fixed beverage alcohol advertising and marketing materials may be placed at venues that are used primarily for adult-oriented events defined as where at least 70 percent of the audience attending those venue events is reasonably expected to be above the legal purchase age. Beverage alcohol products should not be advertised or marketed in college or university newspapers, or on college and university campuses except for licensed retail establishments located on such campuses. Beverage alcohol advertising should not be placed on any outdoor stationary location within five hundred (500) feet of an established place of worship or an elementary school or secondary school except on a licensed premise.

RESPONSIBLE CONTENT ADULT AUDIENCES/UNDERAGE PERSONS

Beverage alcohol advertising and marketing materials are intended for adults of legal purchase age who choose to drink. The content of beverage alcohol advertising and marketing materials should not appeal primarily to individuals below the legal purchase age.Beverage alcohol advertising and marketing materials should not depict a child or portray objects, images or cartoon figures that primarily appeal to persons below the legal purchase age. Advertising or marketing material is considered to “primarily appeal” to persons below the legal purchase age if it has special attractiveness to such persons beyond the general attractiveness it has for persons above the legal purchase age.Beverage alcohol advertising and marketing materials should not contain the name of or depict Santa Claus. Beverage alcohol products should not be advertised or marketed on the comic pages of newspapers, magazines or other publications. Beverage alcohol products should not be advertised or marketed in a manner associated with the attainment of adulthood or the “rite of passage” to adulthood. Beverage alcohol products should not be advertised or promoted by any person who is below the legal purchase age or who is made to appear to be below the legal purchase age. To help ensure that individuals in beverage alcohol advertising are and appear to be above the legal purchase age, models and actors employed should be a minimum of 25 years old, substantiated by proper identification and should reasonably appear to be over 21 years of age. No brand identification, including logos, trademarks or names, should be used or licensed for use on clothing, toys, games, or game equipment, or other items intended for use primarily by persons below the legal purchase age.

WEBSITES

Age verification mechanisms should be employed for beverage alcohol advertising and marketing websites. They also should contain a reminder of the legal purchase age. CIVB and DWI recognize the crucial role parents play in educating their children about the legal and responsible consumption of beverage alcohol. Beverage alcohol advertising and marketing materials should portray beverage alcohol products and drinkers in a responsible manner. Beverage alcohol products and drinkers may be portrayed as part of responsible personal and social experiences and activities, such as the depiction of persons in a social or romantic setting, persons who appear to be attractive or affluent, and persons who appear to be relaxing or in an enjoyable setting. Beverage alcohol advertising and marketing materials should not depict situations where beverage alcohol is being consumed excessively or in an irresponsible manner. These materials should not portray persons in a state of intoxication or in any way suggest that intoxication is socially acceptable conduct, and they should not promote the intoxicating effects of beverage alcohol consumption. Beverage alcohol advertising and marketing materials should not contain any curative or therapeutic claim except as permitted by law. Beverage alcohol advertising and marketing materials should contain no claims or representations that individuals can attain social, professional, educational, or athletic success or status as a result of beverage alcohol consumption. Beverage alcohol products should not be advertised or marketed in any manner associated with abusive or violent relationships or situations. Beverage alcohol advertising and marketing materials should not imply illegal activity of any kind.Beverage alcohol advertising and marketing materials should not portray beverage alcohol being consumed by a person who is engaged in, or is immediately about to engage in, any activity that requires a high degree of alertness or physical coordination.Beverage alcohol advertising and marketing materials should not be associated with anti-social or dangerous behavior. Driving while intoxicated is against the law. Beverage alcohol advertising and marketing materials should not portray, encourage or condone driving any motor vehicle while intoxicated.

GOOD TASTE

Beverage alcohol advertising and marketing materials should reflect generally accepted contemporary standards of good taste. Beverage alcohol advertising and marketing materials should not degrade the image, form, or status of women, men, or of any ethnic, minority, sexually-oriented, religious, or other group. Beverage alcohol advertising and marketing materials should not contain any lewd or indecent images or language.Beverage alcohol advertising and marketing materials should not employ religion or religious themes.

SEXUAL PROWESS AND SEXUAL SUCCESS

Beverage alcohol advertising and marketing materials may depict affection or other amorous gestures or other attributes associated with sociability and friendship. While a brand preference may be portrayed as a mark of good taste and discernment, beverage alcohol advertising and marketing materials should not rely upon sexual prowess or sexual success as a selling point for the brand. Accordingly, advertising and marketing materials should not contain or depict:

graphic or gratuitous nudity;
overt sexual activity;
promiscuity; or
sexually lewd or indecent images or language.

PROMOTIONAL EVENTS

On-premise promotions sponsored by CIVB and DWI encourage responsible consumption by those adults who choose to drink and discourage activities that reward excessive/abusive consumption. CIVB and DWI ensure that appropriate measures are employed to safeguard against underage drinking. CIVB and DWI should not promote or encourage any drinking in conjunction with reckless and/or irresponsible behavior at an on-premise promotion sponsored by CIVB and DWI.

ALCOHOL CONTENT

Beverage alcohol advertising and marketing materials should not refer to the alcohol content of a beverage alcohol product except in a straightforward and factual manner or promote the potency of a beverage alcohol product.

SOCIAL RESPONSIBILITY STATEMENTS

Responsible drinking statements should be included in beverage alcohol advertising, marketing materials and promotional events where practicable.